Michael E. Nestor - Page 26




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          204, 218 (2001), from the Court’s continued abstention from                 
          taking jurisdiction in collection disputes over the $500 section            
          6702 frivolous return penalty.  Our decision in Johnson required            
          that the case be dismissed, entitling a taxpayer patently seeking           
          delay to achieve his goal by refiling in the District Court.  I             
          concur that the Johnson precedent requires us to dismiss the                
          portion of the case at hand that relates to the frivolous return            
          penalties.  This will allow petitioner to refile the frivolous              
          return penalty issue for all years (1990-1997) in the District              
          Court, even as collection of the assessed deficiencies in                   
          petitioner’s income tax, additions to tax, and interest for the             
          years 1992-1997, goes forward.  The resultant splitting of what             
          should have been and remained one collection proceeding will                
          entail an absurd waste of time and other resources.                         
               I renew my plea for congressional enactment of an explicit             
          grant of jurisdiction to this Court to provide one-stop shopping            
          in all cases under sections 6320 and 6330.  A possible model is             
          the amendment of section 6214(a) by the Tax Reform Act of 1986,             
          Pub. L. 99-514, sec. 1554(a), 100 Stat. 2754, which furnished               
          jurisdiction to the Tax Court to review the Commissioner’s                  
          determination to collect the addition to tax under section                  
          6651(a)(2).  See Downing v. Commissioner, 118 T.C.    ,                     
          (2002) (slip op. at 7).                                                     








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